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Filling the GAP in HR services: Automatically unfair

Written by Carolyne Wahlen

We had a call from a company the other day who’d received an Early Conciliation claim for their apprentice.

They’d spoken to ACAS, who’d told them they had no choice but to pay it, but – not really happy with that advice – they’d turned to us for help.

Unfortunately for them, we had to agree with ACAS.

The apprentice was on a normal employment contract, so in normal circumstances they could have just given him notice and that would have been that.

But here’s the problem – they’d fired him because his parents insisted on him only working the hours he was supposed to.

He’d been given the option to sign a piece of paper saying that he would work over 48 hours, but decided against signing it.

The owner of the company decided that he couldn’t cope with someone working less than 48 hours a week, every week, so he fired him.

This is one of only four areas that come under automatic unfair dismissal.

And no, you don’t need to have been working somewhere for two years to be protected.

You will be in trouble if you fire an employee:

  • For asserting a statutory right, e.g. they’ve objected to an unlawful deduction from wages or demanded the national minimum wage
  • Due to them having a protected characteristic (discrimination)
  • For whistleblowing, e.g. by complaining about breaches of health and safety laws
  • For exercising their right to opt out of or stay within the working time provisions and/or insisting on taking their statutory rest breaks.

There is no legal defence to automatic unfair dismissal and – as usual – ignorance does not count.

You are also not able to ask an employee to waive their entitlement to protection against automatic unfair dismissal, as the rights are protected by statute.

Even if you give them money, any waiver will be void and unenforceable.

(Settlement agreements are about giving them money not to sue you, not about them waiving their statutory rights.)

Any successful claims against you will be made up of a basic award (up to £15,570) and a compensatory award (up to £86,444). These amounts change every year in April.

If you have someone working over 48 hours a week on a regular basis, and they have not signed a working time opt out (in the contract is void), then please give me a call so we can discuss the situation.

 

Filed Under: Uncategorized

About Carolyne Wahlen

Carolyne is the founder and owner of Gap HR. She's seen what works in HR and what doesn’t, and has practical answers to real problems that small businesses can apply with immediate effect.

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Schedule a meeting with Carolyne

• We exist to help you stay legal, compliant and profitable, without shelling out for an in-house HR manager.

• Our founder Carolyne has worked in people management since 1995, which means you’ve got decades of experience you can rely on.

• Over 170 clients benefit from the experience and expertise of the Gap HR team.

 


Call Us: 01491 598 600

 


email us: cw@gaphr.co.uk

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Where our clients are:

Mark Ghafoor, KCC Basildon

“Whether it’s a simple question or a more complex query, GAP HR have ensured that we have the most up to date knowledge of current legislation and processes to ensure we can offer the best support to our teams.
It is reassuring to know that expert advice is only a phone call or video conference away!”

Deb Green, Vermatech Pest Control

“We have been using Gap HR for several years now. Carolyne and her team are professional and efficient and we would not hesitate in recommending them for small businesses. It is a great relief to know we are supported by them for our HR advice and paperwork is kept up to date.”

Justin Wilkie, 2Excel Logistics

“I have been working with Carolyne and her team for 6 years now , when I first purchased 2Excel Logistics I found the HR scary as I wanted to do the right thing for my staff , with Gap HR on my side this all seemed easy and we have gone from 9 staff to 28 with no hassle what so ever , thank you to all at Gap HR”

Ashley Lewis, Wallingford Tiles and Bathrooms

“So pleased to be working with Gap HR. They’ve straightened us out in no time. Their pricing is clear and they really know what they are talking about.”

Helen Gordon, Kitecreative

“We are a growing company but do not have facilities in house yet for HR services in house. Gap HR is our go to service for all kinds of advice about HR for our business and we have found them very reliable, communicative and efficient. Would definitely recommend them”

“Carolyne and team continue to provide great support to our business, with quick and accurate responses to help with our various HR needs.”

“Gap HR have been at our side for a number of years now and are a great help in dealing with our HR needs”

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